custom

custom, in English law, an ancient rule of law for a particular locality, as opposed to the common law of the country. It has its origin in the Anglo-Saxon period, when local customs formed most laws affecting family rights, ownership and inheritance, contracts, and personal violence. The Norman conquerors granted the validity of customary law, adapting it to their feudal system. After the great transformations of the 13th and 14th centuries, when English law was given statutory authority under the crown, the “customs of the realm” became England’s common law. Since that time, a local custom outside of common law has been considered valid if it: (1) has been practiced peaceably and continuously from time immemorial—in practice, as long as living testimony can recall; (2) is reasonable, certain, and obligatory; and (3) is confined to a specific locality. With the cultural uniformity of the modern age, custom as a force of law retains its validity, but in practice it has lost ground to common law.